1. The Committee on Legal Affairs
and Human Rights congratulates the rapporteur of the Committee on Equality
and Non-Discrimination on his report and broadly supports the proposed
draft resolution and draft recommendation. It considers that the
draft resolution could be further strengthened by clarifying or
elaborating on certain concepts contained therein.

2. The committee recalls its earlier work on issues that are
relevant to the present report, including on the fate of critically
ill detainees in Europe that led to Parliamentary Assembly Resolution 2082 (2015) and Recommendation
2082 (2015) and promoting alternatives to imprisonment (Resolution 1938 (2013) and Recommendation
2018 (2013)), along with that of the Committee on Migration, Refugees
and Displaced Persons on the alternatives to immigration detention
of children (Resolution
2020 (2014) and Recommendation 2056
(2014)). On this basis, it is of the view that greater emphasis
should be given in the draft resolution to encouraging the relevant
national authorities systematically to consider non-custodial measures
for disabled persons whose circumstances could otherwise justify
detention, depending on the nature and severity of their disability
and the capacity of the custodial system to provide appropriate
care.

3. The committee therefore proposes four amendments to the draft
resolution.